Journalist Tissanayagam case judgement on Monday

[TamilNet, Sunday, 30 August 2009, 11:27 GMT]The Colombo High Court judge Ms. Deepali Wijesundara is to deliver the
judgement on Monday August 31 on the case against senior journalist J. S. Tissanayagam who was indicted under the Prevention of Terrorism
Act (PTA) and Emergency Regulations (ER), legal sources in Colombo
said. Tissainayagam was charged on three counts including printing
and distributing the publication North Eastern Monthly magazine and
the offences were stated to have been committed during the period
between June 1, 2006 and June 1, 2007. He has been detained for 425
days since March 06 2008.

According to the indictment the accused had committed an offence under
PTA and had committed acts of violence by inciting communal feelings
by editing, printing or distributing the North Eastern Monthly
magazine. Tissainayagam was also charged under the Emergency
Regulations for collecting money for the furtherance of terrorism or
specified terrorist activities.

Senior counsel Anil Silva and M. A. Sumanthiran filed written
submission on behalf of the accused journalist at the last date of
inquiry.

The defence stated in its submission that the position of the 99
prosecution during the trial was that the accused journalist had
written those said passages intending to record evidence against the
government to be used at a War Crimes Tribunal, and not what he is
originally charged with, and therefore, he should be acquitted.

The defence stated that it is an axiomatic principle that the accused
cannot be found guilty of what he was not charged with. Therefore, he
cannot be found guilty of “intending to record evidence to be used at
a war crimes tribunal," which in any case is not an offence.

Defense also stated that the circumstances that led to the arrest of
Tissainayagam also throw some light on whether he can even be charged
with these offences.

According to the prosecution Tissainayagam was arrested at the Terrorism Investigation Division (TID) when he went to visit some colleagues who had been arrested the previous day. After the said illegal arrest, the police went looking to find some incriminating evidence, and all they did was seize several issues of the North Eastern Monthly. However, even the officer who seized the magazine did not understand what was written in the magazine.

The defense further stated in their written submission that the
prosecution has taken up the position that the accused has been
charged with the offence only because he is aTamil.

Tissainayagam has not done anything as against any religious, racial
or linguistic or regional group or community. He only criticized the
government and the State security forces, and did not direct any
criticism or attack against any race or religion, the defence
submitted.

The defence position was that the prosecution has not
established that the writer maliciously intended to write the article
in question so as to cause violence.

The accused, in his working life had always stood up for the underdog or the oppressed. He had even lost his own job on account of speaking up for other workers, the defence said in its submission filed at the last date of inquiry.